Help! I’m stuck after probate has been granted
For many people, finally receiving the Grant of Probate (or Letters of Administration if there is no Will) feels like a huge milestone. It gives you the legal authority to deal with the estate. But it does not mean the process is over. The most time-consuming part often comes after probate has been granted.
If you feel stuck, you are not alone. Here are some of the most common issues and how to move forward.
What happens after probate is granted?
Once you have the Grant, you can:
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Collect money from bank accounts, pensions, and investments.
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Sell or transfer property and other assets.
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Pay outstanding debts and any taxes due.
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Distribute what is left to the beneficiaries in line with the Will or intestacy rules.
On paper, it sounds straightforward. In reality, it can take months and involve more paperwork than many people expect.
Common problems after probate
1. Difficulty selling property
Property sales can take time, especially if the housing market is slow. In the meantime, Executors are responsible for keeping the property insured and maintained.
2. Unforeseen debts
Creditors can come forward even after probate has been granted. Executors must deal with these before distributing the estate.
3. Inheritance tax or income tax issues
HMRC may raise queries or require more information, which can delay the estate being finalised.
4. Disputes between beneficiaries
Emotions can run high, and disagreements about timing or entitlement can cause stress. Executors must stay neutral and act in line with their legal duties, which can be challenging when managing the emotions of beneficiaries who have experienced a bereavement and may not be acting as they normally would.
5. Uncertainty about the process
Many Executors are family members who have never handled probate before. It is common to feel unsure about the order of steps or how to deal with unexpected paperwork.
What are your options if you are stuck?
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Check official guidance: The government website has clear instructions about the steps after probate, which may answer simple questions.
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Seek professional advice: If the problem involves tax, property, or legal disputes, it may be best to get advice from a Solicitor or another regulated probate professional. They can step in partway through the process, even after probate has been granted.
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Communicate with beneficiaries: Keeping everyone informed reduces misunderstandings. Let them know if delays are unavoidable, for example, because of a property sale or HMRC query.
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Consider partial distributions: In some cases, Executors can make interim payments to beneficiaries while waiting for larger matters, like property sales, to be resolved. This should only be done with caution, once you are sure there are enough funds to cover debts and taxes.
Key takeaway
Getting the Grant of Probate is only one step in administering an estate. The process of collecting assets, paying debts, and distributing inheritance can still take many months, and problems often crop up along the way. If you are stuck, help is available through official resources or by consulting a Solicitor or other regulated probate professional.
You do not need to struggle through alone. The important thing is to keep accurate records, act fairly, and ask for support if you feel out of your depth.